Performance Under Contract Sample Clauses

Performance Under Contract. To Seller’s knowledge, Seller’s entering into this Agreement does not and at the time of Closing will not violate any provisions of any agreement or judicial order to which Seller is a party or to which Seller or the Property is subject. Whenever a representation and warranty made by Seller in this Section 8 is limited to Seller’s “knowledge” or “actual knowledge”, such term shall mean the current actual knowledge of the authorized representative of Seller responsible, on behalf of Seller, for the acquisition, development, leasing, management, operation and disposition of the Property and construction of the Improvements, without any independent inquiry or investigation and without any personal liability on the part of any of them, and the knowledge of no other past, present or future employee of Seller shall be imputed to Seller for the purposes hereof. The foregoing definition of “knowledge” or “actual knowledge” shall apply to such terms wherever used in this Agreement with respect to statements, warranties or actions of Seller, including, without limitation, Section 6.3.

Performance Under Contract loss due to the failure of any part to perform, in whole or in part, under any contract;

Performance Under Contract. Maker shall remain liable to perform all of its duties and obligations under any contracts which have been pledged or assigned hereunder to Lender (including, without limitation, the Acquisition Agreement and the Escrow Agreement), except to the extent said obligations have been assumed by Lender pursuant to the Foreign Boss Rights Acquisition Agreement between Lender and Maker dated September __, 1997 (the "Foreign Acquisition Agreement"), to the same extent as if this Note had not been executed, and the exercise by Lender of any of its rights hereunder shall not release Maker from any of its respective duties or obligations under such agreements.

Performance Under Contract. PSAI is committed to insuring that Contractor provides effective and efficient service to all Participants in the Cooperative Purchasing Program, and expects that certain Performance Conditions must be met. Failure to meet these conditions may result in contract termination. In that regard, Contractor shall: a. Appoint a dedicated representative to be the contact person and focal point for all matters relating to End User quotations and orders. The representative shall have: A toll free b. Insure that the representative timely monitors all communication modes listed above, and promptly responds to communications from End Users and PSAI in any of these modes. Phone calls will be promptly returned, in any event not later than the next business day. Acceptable failure will be due only to Force Majeure. c. Maintain sufficient qualified staff to promptly process all communications from PSAI or End Users, and to efficiently, effectively and accurately service all requirements of the contract.

Performance Under Contract. Subject to confidentiality agreements between Office Depot and third parties, and no more than annually, PSA, at its expense, may audit Office Depot's books and records to determine whether Office Depot extended the correct pricing. Any third-party auditor used must be approved by Office Depot, and must execute a non-disclosure agreement. Office Depot may dispute the results of any audit, and will refund any overcharges to PSA (PSA will refund any undercharges to Office Depot). Other conditions may apply. Notwithstanding the foregoing, PSA shall not be entitled to access any of Office Depot's: (i) systems or (ii) facilities which house Office Depot's information security and/or data infrastructure. Subject to confidentiality agreements between Office Depot and third parties, and no more than annually, PSA, at its expense, may audit Office Depot's books and records to determine whether Office Depot extended the correct pricing. Any third-party auditor used must be approved by Office Depot, and must execute a non-disclosure agreement. Office Depot may dispute the results of any audit, and will refund any overcharges to END USER. Approved.

Performance Under Contract. H-GAC is committed to insuring that Contractor provides effective and efficient service to all Participants in the Cooperative Purchasing Program, and expects that certain Performance Conditions must be met. Failure to meet these conditions may result in contract termination. In that regard, Contractor shall: a. Appoint a dedicated representative to be the contact person and focal point for all matters relating to End User quotations and orders. The representative shall have: A toll free phone number with voice mail; A fax number; A working e-mail address; and A postal address. b. Insure that the representative timely monitors all communication modes listed above, and promptly responds to communications from End Users and H-GAC in any of these modes. Phone calls will be promptly returned, in any event not later than the next business day. Acceptable failure will be due only to Force Majeure. c. Maintain sufficient qualified staff to promptly process all communications from H-GAC or End Users, and to efficiently, effectively and accurately service all requirements of the contract. d. As may be requested by H-GAC, replace any staff members who are not providing the service and expertise deemed necessary by H-GAC for acceptable support of End Users. e. Properly prepare and provide to End User a Contract Pricing Worksheet, or a quotation in other format as approved by H-GAC, for each and every order that is to be executed. f. Furnish, on request of H-GAC, reasonable data, forms and graphic material to be used in brochures or other print media, or on H-GAC's website. g. Allow access to H-GAC authorized personnel for inspection of operating facilities, and auditing of purchase orders during the contract period, and for a period extending thru the completion of any outstanding orders. Site inspection may be arranged not less than ten (10) calendar days prior, shall include the names of all participants, and shall be at no expense to Contractor.

Performance Under Contract. PSA is committed to ensuring that Contractor provides effective and efficient service to all Participants in the cooperative purchasing program and expects that certain performance conditions must be met. Failure to meet these conditions may result in contract termination. In that regard, Contractor shall:  Provide a dedicated Contract Administrator whose duties shall include but not be limited to: 1) supporting the marketing and management of the Contract, 2) facilitating dispute resolution between Contractor and a Customer, and 3) advising PSA of Contractor’s performance under the terms and conditions of the Contract. PSA reserves the right to require a change in the Contract Administrator if the assigned Contract Administrator is not, in the opinion of PSA, adequately serving the needs of the cooperative purchasing program.  Appoint a dedicated and qualified Customer Service Representative(s) to be the contact person(s) and focal point for all matters relating to member quotations and orders. The representative shall have: a phone number with voice mail, a working e-mail address and a postal address.  Ensure that the Customer Service Representative timely monitors all communication modes listed above, and promptly responds to communications from PSA and its members in any of these modes. Phone calls will be promptly returned, in any event not later than the next business day. Acceptable failure will be due only to Force Majeure.  Maintain sufficient qualified staff to promptly process all communications from PSA and its members, and to efficiently, effectively and accurately service all requirements of the contract.  As may be requested by PSA, replace any staff members assigned to the account who are not providing the service and expertise deemed necessary by PSA for acceptable support of PSA and its existing and prospective members.  Furnish, on request of PSA, reasonable data, forms and graphic material to be used in brochures or other print media, or on the PSA website.  Allow access to PSA authorized personnel for inspection of operating facilities and auditing of purchase orders during the contract period and for a period extending through the completion of any outstanding orders. Site inspection may be arranged not less than ten (10) calendar days prior, shall include the names of all participants, and shall be at no expense to Contractor.